The Supreme Court opted not to review an appeal from a former Pennsylvania judge who faced suspension for sharing political content on Facebook that favored former President Joe Biden and his policies.
Mark Cohen, who previously served as a Democratic state legislator before joining the Philadelphia Court of Common Pleas in 2018, frequently posted politically charged material while holding his judicial position, despite being warned against it. He appealed to the Supreme Court in April, claiming his First Amendment rights were breached, according to his legal team.
Cohen’s lawyer expressed concerns that enforcing discipline based on the “tone” or “volume” of judges’ speech could lead to arbitrary application and might invite political meddling in the judiciary. They argued that the case presented a critical chance for the court to clarify constitutional protections for judges discussing public matters.
The Supreme Court rejected Cohen’s petition without any comments on the ruling.
The Judicial Conduct Board of Pennsylvania contended that Cohen’s social media engagement constituted “partisan cheerleading,” asserting that his suspension was simply a straightforward application of established rules that judges have adhered to for many years.
Cohen’s social media posts included expressions of support for Biden’s Build Back Better initiative, describing its potential positive impact on American lives in 2021. On Biden’s birthday the following year, he referred to Biden as an “excellent President” and anticipated more accomplishments under his leadership.
Beyond just general endorsements, Cohen made specific policy statements, advocating for increased minimum wage laws and opposing restrictions on elective abortions. He also pointed out that throughout his time in the state legislature, he consistently received an “F” rating from the National Rifle Association regarding gun policies.
According to Cohen’s Supreme Court appeal, his suspension not only affected his judicial duties but also resulted in the loss of his judicial and public-service pensions.
The law firm representing Cohen, DLA Piper, did not provide a comment when reached for information.
